l£x  ICtbrts 


SEYMOUR  DURST 


When  you  leave,  please  leave  this  hook 

Because  it  has  heen  said 
"Sver'thing  comes  t'  him  who  waits 

Except  a  loaned  hook." 


Avery  Architectural  and  Fine  Arts  Library 
Gift  of  Seymour  B.  Durst  Old  York  Library 


A  fair  representation  of  the  contemplated  Rail-Road  in  Broadway. 

Citizens  who  travel  on  foot  and  in  carriages,  Cartmen,  Porters.  Milkmen,  Rakers 
and  all  others  who  pass  the  public  streets  are  invited  to  examine  the  following  ac- 
curate sketch,  showing  that  Two  Carriages  cannot  pass  in  Broadway  in  any  part 
exclusive  of  the  Rail-Road;  and  that  the  Bowery,  exclusive  of  the  Hail-Road,  is 
turned  into  a  30  feet  street  in  the  widest  part,  and  to  an  Alley  of  9  feet  in  the  nar- 
rowest part.  Where  are  the  people  to  dump  and  saw  their  wood  ?  How  are  carts 
to  be  backed  up  to  unload  1  How  are  carriages  to  wait  (or  ladies  when  shopping  ? 
What  is  to  be  done  with  snow  off  the  side  walks  ?  Lastly,  where  is  that  portion  of 
the  street,  devoted  by  law  to  Builders  I 

A  Load  of  Hay  or  Straw  being  from  10  to  12  feet  wide,  how  is  it  to  pass  at  all 
if  a  train  of  Cars  is  to  be  continually  passing  up  and  down  the  Rail  ways  ! 


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Whether,  because  the  Cars  being  fixed  on  the  Rail- Road  and  incapable  of 
turning  to  the  ri<rht,  as  the  law  directs,  those  laws  must  be  changed  to  accommodate 
them,  and  travellers  compelled  to  turn  out  of  the  way  for  the  convenience  of  those 
Cars  !  And  whether,  destruction  of  property,  loss  of  time  and  often  life  may  not  be 
expected  to  ensue  !  And  whether,  so  many  inconveniences  will  not  multiply  con- 
tentions and  law  suits  between  the  Rail  Road  Company  and  the  people  molested 
by  them  ?  * 


REPLY 


TO  A  PAMPHLET  ENTITLED 


'A  STATEMENT  OF  FACTS 


IN  RELATION  TO  THE  ORIGIN 


PROGRESS  AHTB  PROSPECTS 


OF  THE 


JVJE  TV*  I •  0 11  K  JtJTJD  H*1RJL  M  JfM 


NEW-YORK  : 
Printed  by  Peter  Van  Pelt,  7  HSankfort-street, 

£833, 


,N55> 


AT  an  adjourned  Meeting  of  the  Committee  opposed  to  the 
HarlaBm  Rail  Road  being  extended  through  the  public  streets  of 
the  City  of  New- York,  held  in  pursuance  of  notice,  at  Tammany- 
Hall,  on  Friday  (he  8th  inst.— 

James  N.  Wells,  was  appointed  Chairman  pro  tern.,  and  L.  P. 
Jordan,  Secretary. 

On  Motiony  Resolved. — That  the  Sub-Committee  appointed  at 
the  last  meeting  of  the  Committee  now  Report.  When  the  fol- 
lowing reply  was  reported,  in  answer  to  the  Circular  recently  pub- 
lished, by  order  of  the  Directors  of  the  Harlsem  and  New-York 
Rail  Road  Company. 

Resolved — That  this  Committee  approve  and  accept  the  reply 
reported  by  Mr.  Ely  Moore  to  (i  a  Statement  of  Facts  in  relation 
to  the  Origin,  Progress,  and  Prospects  of  the  New-York  and  Har- 
lsem Rail  Road  Company."  That  three  thousand  copies  be 
printed  for  circulation  ;  and  that  one  hundred  of  said  copies  be 
sent  to  the  Members  of  the  Legislature. 

Resolved — That  the  proceedings  of  this  Committee  be  signed 
by  the  Chairman  and  Secretary,  pro  tern,  and  published. 

JAMES  N.  WELLS,  Chairman  pro  tern, 

L.  P.  JORDAN,  Secretary  jwo  tern* 


* 


The  publication  before  us,  appears  to  be  an  official  one, 
made  by  order  of  the  Board  of  Directors,  and  signed  by  the 
President  and  Secretary.  It  professes  to  give  a  statement 
of  facts  relative  to  the  origin,  &,c.  &c.  of  the  New- York  and 
Harlaem  Rail  Road  Company.  Its  acknowledged  object 
is  to  allay  the  hostility  so  strongly  manifested  toward  the 
contemplated  project  of  constructing  rail  roads  through  the 
principal  thoroughfares  of  our  city  ;  and  to  show,  that  the 
proposed  measure,  would,  if  carried  into  practical  opera- 
tion, essentially  contribute  to  the  interest,  convenience  and 
welfare  of  the  Citizens  generally. 

How  far  the  facts  and  arguments  adduced,  are  calcula- 
ted to  achieve  the  object  intended,  remains  to  be  seen. 
That  the  authors  of  the  "  Statement"  have  taxedjtheir  in- 
genuity to  the  uttermost,  and  availed  themselves  of  every 
argument  calculated  to  have  a  favourable  and  auspicious 
bearing  upon  their  subject,  is  sufficiently  manifest. 

Ere  we  proceed  to  animadvert  upon  the  Report  of  the 
Directors,  or  to  canvass  the  conduct  and  pretensions  of  the 
Company,  we  would  remark,  and  we  wish  the  remark  to 
be  borne  steadily  in  mind,  that  in  opposing  their  views,  we 
have  no  selfish  interests  to  subserve — no  private  wrongs  to 
redress — no  animosities  to  gratify,  and  that  we  are  actuated 
by  no  other  motive,  feeling  or  consideration  under  heaven, 
than  a  becoming  regard  for  what  we  conceive  to  be,  the 
rights  and  interests  of  our  fellow  citizens. 

We  proceed  to  comment  on  this  official  publication  with 
some  degree  of  reluctance  ;  because  it  is  always  an  unplea- 
sant task,  to  assail  the  measures  or  condemn  the  conduct  of 
our  fellow  men.    'Tis  infinitely  more  grateful  to  the  feel- 


1 


ings,  to  dwell  upon  the  virtues,  beauties  and  excellencies  of 
mankind,  than  either  to  pourtray  their  follies  or  expose  their 
faults.  Justice,  however,  frequently  demands  that  com- 
miseration should  yield  to  her  sterner  mandates,  and  hence 
the  propriety  of  correcting  at  this  time,  several  of  the  "  state- 
ments," and  exposing  the  futility  of  some  of  the  arguments 
contained  in  the  Pamphlet  put  forth  "  by  order  of  the  Di- 
rectors." We  shall  remark  upon  the  statements  and  argu- 
ments in  the  order  in  which  they  occur. 

The  Pamphlet  sets  out  by  stating  that  "  in  the  year  1830, 
a  number  of  public  spirited  citizens,  observing  the  rapid 
growth  and  extension  of  this  metropolis,  became  impressed 
with  the  necessity  of  devising  some  means  of  increasing  the 
facilities  of  communication  between  the  inhabitants  of  dis- 
tant parts  of  the  island,  &,c."  From  which  statement  it 
would  seem,  that  the  project  of  occupying  a  large  portion  of 
some  of  our  most  public  streets,  by  railways,  was  conceived 
in  patriotism,  and  has  been  prosecuted  thus  far,  with  a  view 
to  the  interests  and  convenience  of  the  citizens  generally. 
We  cheerfully  approve  the  motives  which  (we  are  told) 
suggested  the  enterprize,  and  stimulated  the  originators  to 
the  undertaking.  It  is  indeed  gratifying  to  indulge  the 
thought,  that  a  set  of  men  should  abide  with  us,  so  disinter- 
ested, and  so  perfectly  free  from  avarice,  in  this  speculating 
and  money-grasping  age — and  possessing  withal,  such  inde- 
fatigable patience — such  superlative  patriotism  and  un- 
bounded benevolence,  as  to  persevere  in  their  efforts  to  be- 
nefit their  fellow  citizens,  in  despite  of  their  inclinations  and 
urgent  remonstrances  ! 

After  giving  a  history  of  the  origin  of  the  project,  the 
pamphlet  proceeds  to  speak  of  "  the  amazing  efficacy, 
utility,  comfort  and  cheapness  of  iron  rail  roads  already  ex- 
hibited in  Europe  and  America."  So  far  as  regards  the 
principle,  we  perfectly  agree  with  the  authors.  A  superior 
means  of  transportation,  has  never,  perhaps,  been  devised 
by  man,  than  that  of  iron  railways.  It  does  not  follow, 
however,  that  it  is  either  lawful  or  expedient  to  introduce 


5 


them  into  our  city,  especially  so  long  as  three  fourths  of  the 
population  are  opposed  to  the  measure* 

We  would  not  willingly  charge  the  authors  of  the  Pamph- 
let, with  a  design  to  divert  the  minds  of  the  citizens  from 
the  true  and  direct  question  under  consideration,  by  expa- 
tiating upon  the  efficacy  and  utility  of  rail  roads.  If  that 
was  not  their  intention,  however,  we  confess  that  we  know 
not  what  it  was.  That  rail  ways  are  of  great  convenience 
and  utility  when  properly  located,  none  will  dispute  ; — and 
the  same  may  be  said  of  canals — but  who  would  contend, 
therefore,  that  a  canal  was  necessary  between  Wall  street 
and  Twenty-third  street,  or  between  Harlsem  River  and  the 
Battery  1  "  Rail  roads  are  highly  beneficial — are  of  the 
greatest  efficacy  and  utility,"  say  the  authors  of  the 
Pamphlet,  and  would  thereby  have  us  infer,  that  it  is  indis- 
pensable to  our  convenience  and  comfort,  to  have  the  best 
portion  of  our  most  prominent  streets  permanently  ob- 
structed by  means  thereof,  and  that  too,  in  defiance  of  our 
wishes.  And  what  is  the  reason  assigned  by  the  advocates 
of  the  measure  ?  "  Why,  that  rail  roads  are  of  great 
utility."  How  potent,  the  argument  and  how  pertinent  the 
case  in  question  !  Of  such  great  utility  are  they,  that  the 
Directors  would  persuade  us,  they  were  necessary,  even  in 
such  locations/where  they  are  neither  wanted  nor  required! 

As  the  authors  have  neglected  to  include  in  their  "  State- 
ment of  Facts,"  the  charter  of  the  Company,  we  shall  take 
the  liberty  of  supplying  the  deficiency  in  part,  by  presenting 
to  the  reader  the  following  sections  : — 

AN  ACT  to  incorporate  the  New-  York  and  Harlcem  Rail 
Road  Company* 

Passed  April  25,  1831. 

The  People  of  the  State  of  New-  York,  represented  in 
Senate  and  Assembly,  do  enact  as  follows  : 

§  1.  Benjamin  Bailey,  Mordecai  M.  Noah,  Benson 
M'Cown,  James  B.  Murray,  Charles  Henry  Hall,  Moses 
Henriques,  Isaac  Adriance,  Thomas  Addis  Emmet,  Gideon 


6 


Lee,  Silas  E.  Burrows,  Samuel  F.  Halsey,  Cornelius  Har- 
sen,  and  Robert  Stewart,  with  such  other  persons  as  shall 
associate  with  them  for  that  purpose,  are  constituted  a  body 
politic  and  corporate,  by  the  name  of  the  JNew-York  and 
Harlaem  Rail  Road  Company,  with  power  to  construct  a 
single  or  double  rail  road  or  way,  from  any  point  on 
the  north  bounds  of  Twenty-third  street,  to  any  point  on  the 
Harlaem  River,  between  the  east  bounds  of  the  Third  ave- 
nue and  the  west  bounds  of  the  Eighth  avenue,  with  a 
branch  to  the  Hudson  River,  between  One  hundred  and 
twenty-fourth  street  and  the  north  bounds  of  One  hundred 
and  twenty-ninth  street,  to  transport,  take,  and  carry  pro- 
perty and  persons  upon  the  same,  by  the  power  and  force 
of  steam,  of  animals  or  of  any  mechanical  or  other  power,  or 
of  any  combination  of  them  which  the  said  company  may 
choose  to  employ,  and  by  that  name,  they  and  their  succes- 
sors shall  be,  and  they  are  hereby  vested  with  the  right  and 
privilege  of  constructing,  erecting,  building,  making  and 
using  a  single  or  double  rail  road  or  way  for  the  purpose 
aforesaid,  and  for  the  term  of  thirty  years  from  the  passage 
of  this  act. 

§  2.  If  the  Corporation  hereby  created  shall  not,  within 
six  months  from  the  passage  of  this  act,  locate  the  route  of 
said  rail  road  or  way  and  the  branch  to  the  same,  and  make 
a  survey  of  such  location,  and  file  a  map  thereof  in  the  re- 
gister's office  of  the  city  and  county  of  New- York,  and 
within  two  years  from  the  passage  of  this  act  commence, 
and  within  four  years  from  the  passage  of  this  act  construct, 
finish,  and  put  in  operation  the  said  single  or  double  rail 
road  or  ways,  then  the  said  corporation  shall  thenceforth 
for  ever  cease,  and  this  act  shall  be  null  and  void  ;  but  no 
such  map  shall  be  filed  until  the  same  shall  have  been  sub- 
mitted to  and  approved  by  the  Common  Comncil  of  the  City 
of  New- York  ;  such  approbation  shall  be  expressed  by  a 
joint  resolution  of  the  said  Common  Council,  declaring  their 
approbation  of  the  map,  and  of  the  route  of  the  said  rail  road 
indicated  therein. 


7 


§  1 0.  The  said  [corporation  is  hereby  authorised  to  con- 
struct, erect,  build,  make  and  use  a  single  or  double  rail  road 
or  ways,  of  suitable  width  and  dimensions,  to  be  determined 
by  the  said  corporation,  on  the  line,  course  or  way,  selected 
or  designated  by  them  in  manner  aforesaid,  and  shall  have 
power  to  regulate  the  time  and  manner  in  which  goods  and 
passengers  shall  be  transported,  taken  and  carried  on  the 
same,  and  shall  have  power  to  erect  and  maintain  toll- 
houses and  such  other  buildings  for  the  accommodation  of 
their  concerns,  as  they  may  deem  suitable  to  their  interests  : 
The  said  corporation  shall  not  take  any  lands  without  the 
consent  of  the  owner  or  owners  thereof,  exceeding  forty  feet 
in  width  from  east  to  west,  and  shall,  in  case  of  their'Jocating 
the  route  of  the  saidrail  road  in'or  along  any  public  street  or 
avenue  now  laid  out  on  the  map  or  plan  of  the  City  of  New- 
York,  leave  sufficient  space  in  the  said  street  or  avenue  on 
each  side  of  the  rail  road  for  a  public  highway  for  carriages, 
and  for  a  side  walk  for  foot  passengers. 

§  12.  It  shall  be  lawful  for  the  company  hereby  incorpo- 
rated, from  time  to  time  to  fix,  regulate  and  receive  the  tolls 
and  charges  by  them  to  be  received  for  transportation  of  pro- 
perty or  persons  on  the  single  or  double  rail  road  or  ways 
aforesaid,  hereby  authorised  to  be  constructed,  erected,  built, 
made  and  used. 

§  13.  If  any  person  or  persons  shall  wilfully  do  or  cause 
to  be  clone  any  act  or  acts  whatever,  whereby  any  building, 
construction  or  work  of  the  said  corporation,  or  any  engine, 
machine  or  structure,  or  any  matter  or  thing  appertaining  to 
the  same  shall  be  stopped,  obstructed,  impaired,  weakened, 
injured  or  destroyed,  the  person*or  persons  so  offending  shall 
forfeit  and  pay  to  the  said  corporation  double  the  amount  of 
damages  sustained  by  means  of  such  offence  or  injury,  to  be 
recovered  in  the  name  of  the  said  corporation,  with  costs  of 
suit,  by  action  of  debt. 

We  solicit  the  attention  of  the  public  to  the  preceding  sec- 
tions, especially  section  13,  from  which  it  appears,  that 
every  individual,  who  shall  wilfully  do,  or  cause  to  be  done, 
any  act  whatever,  whereby  any  matter  or  thing,  appertain? 


8 


ing  to  the  said  corporation,  shall  be  stopped  or  obstructed,  the 
party  so  offending  shall  forfeit  and  pay  to  the  said  cor- 
poration double  the  amount  of  damages  sustained,  &c. 
What  would  be  regarded  as  an  obstruction,  and  what  would 
constitute  an  obstruction  wilful ?  The  company  either 
have  an  exclusive  right  to  that  portion  of  a  street  occupied 
by  their  rails,  or  they  have  not.'  That  they  have  no  such 
right,  is  clear.  It  follows,  then,  that  the  owners  of  carts, 
and  vehicles  of  every  description,  have  the  same  right  to  tra- 
verse that  portion  of  a  street  occupied  by  the  rails  of  the 
company,  as  the  cars  of  the  company  have.  If  a  cartman, 
for  instance,  should  think  proper  to  occupy  a  portion  or  the 
whole  of  the  rail  track  from  Wall-street  to  Twenty-third 
street,  and  to  let  his  horse  travel  at  the  rate  of  one  mile  an 
hour,  it  could  not  be  regarded  as  a  legal  obstruction,  al- 
though it  would  be  an  obstruction  in  fact  to  the  rail  road 
car.  That  part  of  the  law  then,  being  virtually  a  nullity, 
it  is  plain  that  the  project  could  not  succeed  in  the  dense 
part  of  the  city,  especially  so  long  as  a  large  majority  are 
opposed  to  it,  and  would  consequently,  embrace  every  op- 
portunity to  embarrass  the  operations  of  the  company.  It 
is  not  necessary  to  dwell  upon  this  part  of  the  subject. 
Every  man  capable  of  reflecting,  must  perceive  at  once, 
that  if  rail  roads  should  be  constructed  through  our  streets, 
that  daily  riots  would  inevitably  occur,  and  the  company 
and  the  citizens  be  constantly  involved  in  litigation. 

Notwithstanding  the  extensive  circulation  which  has  re- 
cently been  given  to  the  following  act,  we  deem  it  proper 
to  call  the  attention  of  the  public  to  it  once  more. 
AN  ACT  to  amend  an  Act,  entitled  "An  Act  to  incorporate 

the  New-York  and  Harlcem  Rail  Road  Company,"  passed 

Aprils,  1831. 

Passed  April  6,  1832. 

The  People  of  the  State  of  New-York,  represented  in 
Senate  and  Assembly,  do  enact  as  follows  : 

§  1.  The  president  and  directors  of  the  New- York  and 
Harlgem  rail  road  company,  are  hereby  authorized  and 


9 


empowered,  with  the  permission  of  the  mayor,  aldermen 
and  commonalty  of  the  city  of  New- York,  to  extend  their 
rail  road  along  the  Fourth  Avenue  to  Fourteenth-street,  in 
the  said  city,  and  through  such  other  streets  in  the  said  city 
as  the  mayor,  aldermen  and  commonalty  may  from  time  to 
time  permit,  subject  to  such  prudential  rules  as  are  prescribed 
by  this  act,  and  as  the  said  mayor,  aldermen  and  commonalty 
in  common  council  convened,  may  prescribe. 

§  2.  The  president  and  directors  of  said  company  are 
hereby  authorized  to  increase  their  capital  stock  to  such  sum 
as  may  be  necessary  for  the  purpose  aforesaid,  and  to  issue 
scrip  therefor,  but  their  capital  stock  shall  not  in  the  whole 
exceed  the  sum  of  five  hundred  thousand  dollars. 

§  3.  After  obtaining  the  consent  of  the  said  mayor, 
aldermen  and  commonalty,  the  said  company  shall  not 
construct  any  rail  way  in  any  street  of  the  city  of  New- York 
below  Prince-street,  until  they  shall  have  completed  four 
miles  of  their  road  above  said  street. 

§  4.  No  carriage  or  vehicle  shall  be  drawn  or  propelled 
by  any  other  than  horse  power  throngh  any  street  of  said 
city  south  of  Fourteenth-street. 

§  5.  Every  carriage  or  vehicle  drawn  or  propelled  on  the 
said  rail  road,  shall  be  provided  with  suitable  safeguards, 
projecting  in  a  descending  direction  to  near  the  surface  of  the 
rails,  in  front  of  each  forward  wheel,  in  such  manner  as  to 
insure  the  greatest  safety  against  accidents. 

§  6.  No  such  carriage  or  vehicle  shall  be  drawn  or 
propelled  at  a  greater  speed  than  at  the  rate  of  five  miles  an 
hour  in  any  street  of  said  city,  below  Fourteenth-street. 

It  will  be  perceived  by  reference  to  the  above  act,  that 
the  Rail  Road  Company,  (with  the  consent  of  the  Common 
Council,)  have  a  right,  upon  the  completion  of  four  miles  of 
their  road,  to  lay  their  rails,  and  traverse  with  their  cars  every 
street  and  avenue  throughout  the  city.  It  is  true,  how- 
ever, that  the  consent  of  the^Common  Council  has  not  as  yet 
been  obtained  for  that  purpose  ;  but  judging  from  the  past, 
we  are  fully  warranted  in  predicting,  that  such  application, 
if  made,  would  not  be  rejectd.   The  consent  of  the  Com- 


10 


mon  Council  was  necessary  to.  enable  the  company,  in  the 
first  instance,  to  continue  their  road,  from  the  north  line  of 
Twenty-third  street  to  Fourteenth  street — The  application 
was  made,  and  succeeded.  Subsequently,  the  company 
applied  to  the  Common  Council  for  permission  to  extend 
their  rail  way  from  Fourteenth  street  to  the  north  line  of 
Prince  street  ;  and  again  the  application  was  promptly 
granted.  Jf,  then,  the  past  conduct  of  men  affords  a  proper 
criterion  by  which  to  judge  of  their  future  course,  we  have 
every  reason  to  believe  that  the  present  corporation  would, 
as  soon  as  authorized,  permit  the  company  to  construct  rail 
ways  through  all  the  principal  streets  and  avenues  in  the 
city.    Fellow  citizens  "  think  of  these  things." 

We  will  now  resume  the  examination  of  the  pamphlet 
before  us. 

At  page  5,  the  authors  earnestly  solicit  the  attention  of  the 
public  to'the  limitations  imposed  upon  the  powers  of  the  com- 
pany. The  various  "ordinances"  and  "  resolves"  embracing 
these  limitations  occupy  some  seven  or  eight  pages,  replete  of 
course,  with  wise  restrictions  and  wholesome  provisions  !  It 
must  be  confessed,  however,  that^the  authors  of  the  report,  in 
calling  especial  attention  to  the  limitations  of  the  company's 
powers,  and  omitting  to  publish  at  the  same  time,  the  act  of 
incorporation,  or  even  to  allude  to  the  various  advantages 
and  facilities  which  they  enjoy  by  virtue  of  their  charter, 
have  displayed  more  tact  than  integrity.    If  we  know  aught 
of  the  genius  or  character  of  the  citizens  of  New- York, 
this  attempt  of  the  company  to  persuade  them  into  a 
favourable  opinion  of  the  measure,  will  not  prove  very 
successful.    If  all  the  limitations  which  the  ingenuity  of 
man  can  devise,  should  be  imposed  upon  the  company,  the 
inhabitants  of  this  city  would  not  be  satisfied,  so  long  as  the 
company  are  authorized  to  encumber  any  portion  of  the 
streets  or  avenues.    Let  them  "  gild  the  pill"  as  they  may, 
the  public  will  not  swallow  it;  and  let  the  Corporation 
impose  upon  the  company,  restriction  upon  restriction,  still 
dissatisfaction  will  prevail,  until  the  offensive  cause  shall  be 
removed.    The  company  may  rest  assured  that  opposition 


11 


to  their  project  will  never  slumber,  until  so  much  of  the 
acts  of  the  Legislature,  and  the  ordinances  and  resolutions 
of  the  Common  Council,  authorizing  the  company  to  extend 
the  rail  way  into  the  city,  shall  be  revoked.  The  people 
will  not  suffer  their  rights  to  be  invaded  with  impunity . 
neither  will  they  suffer  those  whose  business  and  bounden 
duty  it  was  to  watch  over  and  protect  them,  but  have  not, 
go  unrebuked. 

The  authors  of  the  report,  after  giving  an  interesting  and 
glowing  account  of  the  performances  of  the  company,  on 
the  Fourth  Avenue,  (the  scene  of  their  past  and  present 
operations,)  remark,  "  that  nearly  a  mile  of  single  track  has 
been  laid  in  the  paved  part  of  the  Bowery ;  and  the  company 
had  indulged  the  belief  that  the  visible  demonstration  of 
that  portion  of  the  road,  had  effectually  dispelled  the  needless 
fears  of  its  opponents.  *****After  this  practical  exhibition, 
the  company  did  hope,  that  they  would  be  allowed  to  finish 
their  enterprise,  without  further  molestation  ;  but  their  just 
expectations  have  been  disappointed."  It  would  appear 
that  the  "  visible  demonstration"  and  "  practical  exhibition7' 
has  tended  to  excite  rather  than  allay  the  hostility  with  which 
the  project  has  been  regarded,  from  the  time  the  company 
first  sought  permission  to  embarrass  our  principal  streets  by 
means  of  rail  ways.  Now  it  really  appears  to  us,  that  the 
company  have  no  just  cause  of  complaint  under  existing 
circumstances.  Before  the  people  spoke  out  in  the  language 
of  decided  disapprobation,  they  very  wisely  and  justly 
resolved  to  witness  "  the  practical  exhibition"  and  "  visible 
demonstration"  of  the  project ;  and  after  leaving  done  so, 
pronounced  it  as  with  one  voice,  improper  and  impracticable. 
Their  fears  and  misgivings,  so  far  from  being  removed  by 
the  experiment,  have  been  confirmed.  So  much  for  the 
"practical  exhibition"  and  "visible  demonstration." 

We  regret  that  the  Company  have  discovered  such  an 
earnest  and  deep  solicitude,  for  the  success  of  that  part  of 
their  enterprize,  which  relates  to  extending  their  rails 
into  the  paved  part  of  the  city.  It  appears  to  us,  that  the 
liberal  views  and  patriotic  feelings  >  which  prompted  the  un-r 


12 


dertaking,  would  be  answered,  provided  the  road  should 
stop  at  the  north  line  of  Twenty-third  Street,  as  was 
first  contemplated  !  Should  the  Company  persist,  how- 
ever, in  urging  their  views  and  pretensions,  the  people 
might  eventually  question  their  motives  and  doubt  their 
patriotism  ;  and  however  unfounded  the  suspicion  might 
be,  still,  the  reflection  would  be  painful  to  liberal  and  in- 
genuous minds.  We  therefore  would  affectionately,  but 
earnestly  entreat  the  Company,  to  bestow  no  further  favours 
(in  the  shape  of  rail  roads)  upon  the  citizens,  until  the  citi- 
zens require  them. 

The  Pamphlet  continues — "  For  several  weeks  an  anony- 
mous map  or  diagram  has  been  most  industriously  circu- 
lated, fraught  with  the  most  palpable  misrepresentations. 
Instead  of  the  space,  actually  less  than  five  feet,  lying  be- 
tween the  rails,  this  fanciful  picture  represents  the  Com- 
pany as  monopolizing,  twenty-three  feet  of  the  road.  **** 
A  double  track  would  not  occupy  but  thirteen  feet,  &c." 
It  is  true,  that  the  map  or  diagram,  as  stated  in  the  above 
extract,  has  no  name  attached.  The  gentleman,  however, 
under  whose  directions  it  was  published,  Mr.  Benjamin 
Birdsall,  is  well  known  to  the  public,  as  one  of  our  most 
public  spirited  citizens ;  and  who,  we  are  conscious,  was 
actuated  by  no  other  motive,  than  a  desire  to  protect  his 
own  rights  and  those  of  his  fellow  citizens.  It  was  gene- 
rally understood  at  the  time  the  diagram  was  published, 
that  Mr.  Birdsall  was  the  author. — He  has  uniformly 
avowed  himself  as  such  ;  and  the  only  error  into  which  he 
seems  to  have  fallen,  makes  in  favour  of  the  Company. 
From  Mr.  Birdsall's  diagram,  it  would  appear,  that  the 
Company  are  entitled  to  but  twenty-three  feet,  in  any  one 
of  the  public  streets,  when  according  to  the  grant  from  the 
City  authorities,  they  are  entitled  to  twenty  four  feet.  This 
then  is  probably  the  "  palpable  misrepresentation,"  to 
which  the  authors  of  the  "Report  allude.  <k  A  double  track, 
if  laid  down,"  say  they,  "  would  occupy  but  thirteen  feet 
when  the  double  track  already  laid  down,  actually  occu- 
pies fifteen  feet  and  four  inches^  as  the  following  certficate 
will  show. 


13 


CERTIFICATE. 

This  Certifies,  that  I  have  examined  the  sketches  called 
"  A  Fair  Representation  of  the  contemplated  Rail  Road  in 
Broadway  and  the  Bowery,"  and  find  them  to  be  correct, 
agreeably  to  the  tracks  now  laid  down  in  the  Fourth  Ave- 
nue, between  Twenty-first  and  Twenty-second  Streets, 
which  occupy  fifteen  feet  and  four  inches. 

Signed— ISAAC  T.  LUDLUM, 
City  Surveyor* 

New- York,  Feb.  21,  1833. 

Whether  the  authors  of  the  Report,  in  pronouncing  Mr. 
Birdsall's  diagram  "  a  deceptive  representation,  &c."  have 
not  themselves  been  guilty  of  misrepresentation,  the  public 
can  now  judge. 

But  say  the  authors  of  the  pamphlet,  "  an  effort  has  been 
made  to  excite  jealousy,  by  the  cry  of  monopoly.  How 
can  that  be  a  monopoly  which  is  subjected  to  the  constant 
controul  of  the  public  ?  The  public  govern  the  use  of  the 
road,  and  regulate  its  tolls,  &c."  The  12th  section  of  their 
act  of  incorporation,  reads  as  follows : — "  It  shall  be  lawful 
for  the  company  hereby  incorporated,  from  time  to  time,  to 
fix,  regulate  and  receive  the  tolls  and  charges  by  them  to  be 
received  for  transportation  of  property  or  persons  on  the 
double  or  single  rail  road  or  way  aforesaid,  hereby  authorized 
to  be  constructed,  erected,  made,  built  and  used."  How  is 
this  ?  Are  we  to  consider  the  company  and  the  public,  one 
and  the  same — an  identity,  an  unity  ?  The  authors  of  the 
report  tell  us,  "  that  the  public  govern  the  use  of  the  road, 
and  regulate  its  tolls,"  whilst  the  act  of  incorporation 
expressly  declares,  that  the  company  have  the  power  to  fix, 
regulate  and  receive  the  tolls  and  charges.  It  is  true  that 
the  rates  and  tolls  are  regulated  by  the  public,  south  of 
Twenty-third-street.  But  would  the  company  contend 
therefore,  that  they  had  no  monopoly,  because  the  public 
regulate  the  tolls  and  charges  within  certain  limits,  when  at 
the  same  time,  the  residue  of  the  road  is  to  be  under  their 
controul,  especially  as  relates  to  regulating  tolls  and  charges  1 
The  company,  we  hope,  did  not  mean  to  mislead  the  public 


u 


by  revealing  but  half  of  the  truth.  If  it  is  not  a  monoply 
on  that  section  of  the  road,  where  the  public  regulate  the 
tolls  and  charges,  it  is,  a  monoply  on  that  part  of  the  road 
where  the  public  do  not  regulate  the  tolls  and  charges. 
Admitting  the  correctness,  then,  of  the  company's  mode  of 
reasoning,  it  would  be  a  monopoly  from  Twenty-third-street 
to  HarlaBm  river,  according  to  their  showing.  What  a 
jewel  is  consistency  ? 

Again — we  have  no  monopoly,  say  the  authors  of  the 
report,neither  practically  nor  legally,  because  the  Legislature 
may,  at  any  time,  repeal  the  charter,  or  incorporate  rival 
companies.  The  Corporation  may,  at  any  time,  regulate 
and  reduce  its  profits,  or  terminate  its  very  existence,  by 
ordering  its  rails6to  be  removed. 

The  principal  reason  assigned  in  the  last  extract,  why  the 
company  has  no  monopoly,  is,  that  the  Legislature  may 
repeal  the  charter,  and  the  city  authorities  cause  the  rails  to 
be  removed  at  their  pleasure.  It  by  no  means,  follows, 
however,  that  the  company  may  not!;  have  a  monopoly  at 
one  time,  because,  at  some  subsequent  time,  its  operations 
may  be  suspended.  The  arguments  advanced  by  the 
company,  in  this  and  many  other  instances,  we  regret  to  say, 
are  in  bad  keeping  with  the  title  of  their  pamphlet,  and 
their  reiterated  professions  of  candour  and  patriotism. 

That  the  Common  Council  may  cause  the  rails  to  be 
removed,  and  thus  terminate  the  operations  of  the  company 
south  of  Twenty-third -street,  is  not  only  possible,  but  very 
probable.  There  is  no  good  reason  to  suppose,  however, 
that  the  company  will  be  interrupted  or  embarrassed  in  their 
enterprise,  by  the  city  authorities,  north  of  that  line  for 
several  years  to  come ;  and  for  very  obvious  reasons.  If 
the  company  think  proper  then  to  continue  the  road  from 
that  point  to  Harlaem  river,  and  from  Harlaem  river  to  the 
banks  of  the  Penobscot,  we  say,  "  go  on  and  prosper."  But 
ere  they  attempt  to  push  their  road  further  into  the  city,  we 
would  repectfully  solicit  their  attention  and  that  of  the  public 
to  what  we  regard  an  important  consideration,  viz; — the 
ability  of  the  Common  Council  to  suspend  the  operations  of 


15 


the  company,  at  pleasure,  by  causing  their  rails  to  be 
removed  from  the  streets  s  and  what  renders  such  an  event 
more  than  probable,  is  the  powerful  opposition  already  organ- 
ized and  arrayed  against  the  measure.    Suppose,  then,  that 
the  bill  now  pending  in  the  Legislature,  authorizing  the  com- 
pany (with  the  consent  of  the  Common  Council)  to  continue 
the  road  to  Wall-street,  should  become  a  law,  or  suppose  the 
company,  upon  finishing  four  miles  of  their  road,  proceed 
(with  the  sanction  of  the  city  authorities)  to  construct  rail 
ways  through  various  streets  in  the  city.    The  expense 
would  be  great  in  the  first  place ;  and  in  the  second  place, 
the  prospect  of  their  being  permitted  to  remain,  very  doubtful, 
as  the  very  next  corporation  might  oblige  the  company  to 
remove  every  rail,  and  restore  the  streets  to  the  condition  in 
which  they  found  them.    Thus  would  the  company  be 
continually  at  the  mercy  of  contingents :  what  one  Corporation 
might  permit  them  to  do,  another  would  compel  them  to  undo  j 
the  interest  of  the  stockholders  would  thereby  be  injured,  the 
convenience  of  the  citizens  interfered  with,  and  their  rights 
invaded.    But  this  is  not  all.    Should  the  company  once 
succeed  in  establishing  their  rail  ways  in  several  of  our  streets, 
it  would  require  a  strong  effort  on  the  part  of  the  people  to 
dislodge  them,  however  obnoxious  the  measure  'might  be 
to  the  public  interest  and  convenience.    When  we  consi- 
der that  the  company  are  authorised  to  increase  their  capi- 
tal to  five  hundred  thousand  dollars  ;  and  that  they  would 
be  urged  by  every  motive  that  interest  could  suggest,  to 
maintain  their  rail  road  in  the  City  when  once  established, 
we  cannot  but  indulge  the  apprehension,  that  an  undue  in- 
fluence might  be  exercised  upon  our  elections,  and  the  seeds 
of  strife  and  contention  scattered  among  us. 

In  page  13  of  the  Report,  the  authors  hold  the  following 
language :  "  The  cartmen  and  hackmen  of  our  city,  are 
abused  by  the  assertion,  that  they  are  to  be  thrown  out  of 
employment  by  means  of  this  experiment.  The  supposition 
is  both  unfair  and  unfounded.  The  rail  cars  through  Broad- 
wayand  the  Bowery,  will  transport  precisely  the  same  kind 
of  freight  which  is  now  transported  in  the  seventy  unweildly 


16 

vehicles  which  already  almost  obstruct  the  public  use  of 
those  streets." 

Whether  the  cartmen  and  hackmen  are  as  much  abused 
"  by  the  assertion,  that  they  will  be  thrown  out  of  employ- 
ment," should  the  company  succeed,  as  they  would  be,  by 
the  "  practical  operation"  and  "  visible  demonstration"  of 
the  enterprize,  they,  perhaps,  can  best  judge.  The  princi- 
pal reason,  however,  why  these  two  valuable  and  deserving 
classes  of  our  fellow  citizens,  are,  and  ever  will  be,  opposed 
to  the  project,  is,  that  the  streets  (the  field  in  which  they 
seek  and  gain  their  livelihoods,  and  for  the  privilege  of  which 
they  pay  a  license)  would  be  encumbered  thereby  ;  in  con- 
sequence of  which,  they  must  either  keep  in  constant  col- 
lision with  the  rail  cars,  or  compelled  to  hug  the  curb 
stones.  How  safe,  comfortable,  or  convenient,  either  alter- 
native would  be,  can,  we  presume,  be  sufficiently  compre- 
hended, without  either  the  "  practical  operation"  or  "  visible 
demonstration." 

The  declaration  that  "  the  rail  cars  through  Broadway 
and  the  Bowery,  will  transport  precisely  the  same  kind  of 
freight,  which  is  now  transported  in  the  seventy  unweildly 
vehicles,  &c."  strikes  us  as  rather  equivocal.  It  is  not 
stated  that  the  rail  cars  will  be  confined  to  the  transporta- 
tion of  "  precisely  the  same  kind  of  freight  which  is  now 
transported  by  the  Omnibuses,  but  that  they  will  carry  the 
same  kind,  &c."  They  forgot  to  add,  no  doubt,  (for  surely 
public  benefactors  would  not  willingly  deceive)  and  such 
other  kind  of  freight,  as  may  contribute  to  the  interest  and  be- 
hoof of  the  said  Rail  Road  Company,  And  what  confirms 
us  in  the  opinion,  that  the  above  omission  might  have 
been  purely  accidental,  is  the  fact,  that  the  company,  by 
their  charter,  are  authorized  to  "  fix,  regulate,  and  receive 
the  tolls  and  charges  by  them  to  be  received  for  transporta- 
tion of  property  or  persons  on  the  single  or  double  rail  road 
or  ways  aforesaid,  hereby  authorized  to  be  constructed, 
erected,  built,  made,  and  used."  If  any  additional  proof 
were  necessary  to  establish  the  fact,  that  the  company  de- 
sign to  transport  property,  as  well  as  persons,  in  their  cars, 


17 


it  is  furnished  in  the  Report  of  the  Directors,  at  page  15,  in 
the  shape  of  the  following  significant  interrogatories — "  fs 
not  the  whole  of  the  accumulated  wealth  of  our  vast  interior 
to  be  poured  into  this  its  great  commercial  emporium  7 
And  will  not  this,  our  City  Rail  vond,  become  the  great 
central  conduit  through  which  these  rich  streams  of  pros- 
perity are  destined  to  flow?"  That  is,  "our  City  Rail 
Road  is  to  become  the  great  central  conduit"  through 
which,  not  only  men,  women,  and  children,  but  pigs  and 
poultry,  maize  and  rutabaga,  are  w  destined  to  flow"  ;  un- 
less we  are  to  understand,  that  these  k'  rich  streams  of  pros- 
perity." are  to  be  the  influx  (per  the  rail  read)  of  western 
bipeds,  exclusively. 

The  n^xt.  and  principal  argument  adduced  by  the  authors 
of  the  Heport.  and  the  one  upon  which  they  seem  chiefly  to 
rely  is  the  following  : — 

"  The  whole  body  of  our  citizens  has  a  large  pecuniary 
interest  in  maintaining  this  Harlaem  Rail  Road.  The  City 
now  owns  nearly  two  hundred  acres  of  land  in  the  Twelfth 
Ward,  intersected  by  the  Fourth  Avenue,  and  divided  into 
ab<  ut  2,500  building  lots  of  full  size,  To  excavate  the 
Fourth  Avenue  and  grade  it  to  Harlaem,  would  have  cost 
the  City  at  least  $  300.000.  By  the  continuation  of  this 
Avenue  to  be  made  at  the  sole  expense  of  the  company, 
the  2.500  building  lots  belonging  to  the  City,  have  been 
doubled  in  value,  making  a  present  actual  gain  of  upwards 
of  $200,000,  in  addition  to  the  $300,000  saved  in  grading 
the  \venue." 

Our  answer  to  this  vaunted  argument  of  the  directors 
shall  be  brief,  but.  as  we  conceive,  conclusive  The  pro- 
perty of  the  City  situated  in  the  Twelfth  Ward,  wil  be 
benefitted  about  as  much,  should  the  rail  road  proceed  no 
further  into  the  (Aty,  as  it  would,  provided  it  should  termi- 
nate at  Wall-street.  No  particular  benefit  then,  could  ac- 
crue to  the  public  from  this  consideration.  And  as  to  the 
expense  of  regulating  the  Fourth  Avenue — estimated  at 
$300,000— that  would  have  to  be  defrayed  by  the  Rail 


18 


Koad  Company,  whether  their  road  shall  be  permitted  to 
traverse  the  streets  of  the  City  or  not.    We  ask  then,  how 
the  public  are  to  be  benefitted  to  the  amount  of  g500,000, 
by  a  rail  road  running  from  Twenty- third  Street  to  Wall 
Street  (and  let  it  be  recollected  that  this  is  the  real  question 
under  consideration  )    Had  the  authors  of  the  Report,  sub- 
stituted the  term  stockholders  for  that  of  "  citizens"  in  the 
ab ove  paragiaph,  so  that  it  had  read  "  the  whole  body  of 
stockholders,"  instead  of  "  the  whole  body  of  the  citizens 
has  a  large  pecuniary  interest  in  maintaining  this  Harlsem 
Rail  Road,  and  in  getting  it  extended  to  Wall  Street,  &,c." 
the  force  of  the  argument  would  have  been  perceived  and 
acknowledged  at  once  ;  but  standing  as  it  does,  it  will  be 
considered  by  many  as  an  absurdity.    As  regards  ourselves, 
however,  we  can  readily  conceive  how  tiie  authors  of  the 
pamphlet  fell  into  this  apparent  error.    It  is  quite  common 
we  know,  for  ingenuous  and  benevolent  men,  to  speak  as 
they  think  and  feel ;  am)  entertaining  no  other  feelings  than 
those  of  universal  philanthrophy,  it  was  natural  enough  for 
the  Directors  to  speak  of  their  interest,  as  the  public  in- 
terest— and  of  the  public  interest,  as  their  interest.  To 
show  that  we  are  not  mistaken,  in  ascribing  their  efforts  and 
representations  to  a  laudable  and  magnanimous  desire  for 
the  public  weal,  we  will  quote  their  own  language — M  We 
know  and  feel,  and  therefore  claim,  that  we  are  labouring 
to  aggrandize  and  enrich  our  City." — Statement  of  Facts, 
page  15. 

Another  reason  assigned  by  the  company,  why  they 
should  be  permitted  to  extend  their  rail  road  to  Wall  Street, 
and  upon  which  they  appear  to  lay  much  stress,  is,  that  the 
Fourth  Avenue  may  possibly  become  the  channel  under 
which  pipes  will  be  laid,  designed  to  supply  the  City  with 
pure  water  from  West  Chester ;  but  as  this  is  rather  a  con- 
jecture than  an  argument,  it  is  sufficient  to  say  in  reply, 
that  the  object  alluded  to  in  the  Report,  would  be  as  readily 
attained,  should  the  road  terminate  at  twenty-third. 

AS  AT  WALL  STREET. 


19 


"  Again,"  say  the  authors  of  the  Report,  "  this  company  are 
bound  to  keep  more  than  half  of  the  carriage  way  in  the  streets 
through  which  their  rails  may  be  laid,  in  constant  repair  ;  and  the 
City  Treasury  will  thereby  annually  save  a  large  sum,  now  dis- 
bursed in  repairing  the  ravages  committed  by  the  heavy  loaded 
omnibus  coaches." 

And  why  should  the  company  not  be  bound  to  keep  that  part 
of  the  street  devoted  to  their  use  and  benefit,  "  in  constant  re- 
pair?" Their  own  interest  would  demand  it — and  as  that  is  the 
only  license  they  are  required  to  pay,  we  should  think  they  might 
very  well  afford  it.  They  have  not  exhibited,  however,  the  sum 
saved  to  the  City  Treasury,  by  this  experiment ;  neither  have 
they  informed  us  how  far  the  amount  for  license  paid  by  the 
Omnibus  proprietors,  would  go  towards  repairing  the  ravages 
committed  by  their  vehicles  Are  we  to  understand  the  company  to 
say,  that  the  Omnibus  coaches  are  to  be  driven  from  our  streets, 
by  means  of  the  rail  road  ?  Such  appears  to  be  the  import  of 
their  language,  and  we  consider  the  suggestion  ungenerous  as  it  is 
unfounded. — Ungenerous,  because  it  coldly  calculates  the  destruc- 
tion of  those  very  men,  who  have  contributed,  by  their  splendid 
"  Accommodations,"  to  the  convenience  of  the  citizens,  and  pro- 
moted the  interest  of  hundreds,  (without  infringing  upon  the  rights 
of  any,)  by  increasing  the  value  of  property  in  the  upper  wards. 
— Unfounded,  because  the  people  will  not  forsake  their  old  friends 
for  the  purpose  of  patronizing  a  legalized  monopoly  ;  particularly 
when  the  rail  cars  could  not  accommodate  them  within  the  limits 
of  the  city,  so  well  as  the  public  stages. 

The  authors  of  the  Report  proceed,  "  To  our  mechanics  the 
rail  road  will  yield  the  most  valuable  facilities.  The  upper  part 
of  our  island,  being  speedily  and  cheaply  approached,  will  become 
the  seat  of  numerous  and  extensive  manufacturing  establishments  ; 
and  the  labour  and  capital  now  employed  at  Newark  and  other 
neighbouring  villages,  will  be  concentrated  in  our  own  city." 
Did  we  delight  in  destruction,  we  would  deal  with  the  paragraph 
»  last  cited,  as  it  deserves.  But  mindful  of  the  exhortation  "  Tem- 
per justice  with  mercy,"  we  will  not  animadvert  upon  the  motives 
or  abilities  of  those  in  whose  brains  'twas  fashioned,  but  simply 
ask  if  the  upper  part  of  the  island  could  not  be  cheaply  and  speedily 
approached,  by  means  of  the  rail  road,  (and  thus  the  object  of 
affording  facilities  to  our  mechanics  achieved,)  unless  the  road 
should  terminate  at  Wall-street? 


20 


"  But,"  say  the  authors  of  the  pamphlet,  "  the  advantages  of 
this  road  do  not  stop  here  ;  it  opens  other  and  wider  prospects  of 
incalculable  value  to  our  metropolis.  We  take  pride  in  predicting 
that  it  is  to  form  the  main  trunk  of  a  mighty  system  of  internal 
communication,  whose  branches  are  to  extend  throughout  our  own 
State,  throughout  i\ew  England,  and  the  whole  interior  of  the 
West."  &c  Well  done!  the  authors  of  the  Report,  not  only 
CLAIM  to  be  patriots  and  public  benefactors,  but  prophets  to 
boot !  As  the  event  f. retold  however,  is  as  yet,  numbered  among 
the  secrets  of  the  future— and  as  we  are  somewhat  sceptical  in  re- 
lation to  the  verity  of  modern  prophecy,  we  may  be  allowed  to 
doubt  the  fulfilment  of  the  above  prediction  But  granting  all, 
we  cannot  lor  the  very  life  of  us.  conceive  why  the  Harlsein  Rail 
Road  could  not  44  form  the  main  trunk  of  a  mighty  system  of  in- 
ternal communication  "  without  traversing  either  Broadway  or  the 
Bowery  to  Wall  street  or  the  Howling  Green. 

At  page  15  of  the  Report  we  find  the  following  statement 
"  Already  we  are  behind  the  age  Liverpool,  our  commercial  ri- 
val, has  brought  her  rail  road  not  only  into  her  city,  but  along  her 
docks  "  The  above  statement  has  been  published  to  the  world 
as  an  unqualified  FACT,  b>  order  of  the  Directors  of  the  New- 
York  and  Harlsem  Rail  Road  Company,  and  signed  by  the  Pre- 
sident and  Secretary  On  the  Company's  account,  most  sincerely 
do  we  regret  it.  The  illiberal  and  suspicious  will  attribute  this 
erroneous  statement  to  design,  and  charge  the  Company  with  a 
deliberate  and  culpable  intention  to  deceive  the  public,  whilst  the 
more  generous  part  of  the  community  will  reproach  them  tor  not 
availing  themselves  of  correct  information  on  the  subject.  Had 
the  company  been  in  possession  ol  the  lacts  in  relation  to  the  Li- 
verpool and  Manchester  rail  road,  they,  no  doubt,  would  have  in- 
formed us,  that  the  road  is  not  p  nidi  tea  to  enter  any  part  oj  <  it  her 
of  those  (itus,  upon  the  surface  oj  th  ground — that  passengers 
art  conveyed  in  omnibuses  to  the  places  ol  starting,  and  that  the 
rail  way  traverses  a  sunterrauean  tunnel  ol  a  mile  and  a  half  in 
lengti)  through  which  heavy  goods  aie  transported  to  the  d  eks 
in  Livt  rpoool.  Lei  it  not  be  supposed  thai  tne  com  pan)  designed 
to  mislead  the  public,  because  in  this,  and  various  other  instances 
they  have  been  so  unfortunate  as  to  be  deceived  themselves. 
Then  numerous  mistakes  ought  to  excite  the  sympathies,  rather 
than  the  reproaches  of  a  generous  people. 


21 


Again  we  are  told,  that  "  Baltimore  has  introduced  her  rail 
road  into  her  leading  streets,  &c.  ;  and  the  fact  oi  her  having 
done  so,  is  gravely  and  confidently  urged  as  a  reason,  why  New- 
York  should  do  the  same  thing  Had  the  authors  of  the  Report 
compared  for  a  moment,  the  local  and  territorial  situations  and 
advantages  of  the  two  cities,  they  would  have  discovered,  that 
the  circumstances  were  dissimilar,  and  consequently,  the  argu- 
ment irrevelant—  and,  therefore,  would  no?  have,  we  helieve,  care- 
lessly thrust  it  upon  the  world,  absurd,  impotent  and  unprotected 
as  it  i*  / 

Let  us  for  a  moment  compare  the  relative  situations  of  those 
two  cuies  New- York,  singularly  favoured,  is  situated  almost 
immediately  on  the  sea  coast  and  washed  on  either  side  by  two 
noble  rivers,  upon  whose  ample  bosoms  float  the  various  products 
of  the  east  and  west  requires  no  other  artificial  facilities,  than 
those  already  afforded  by  her  canals  to  enable  her  to  command 
the  trade  of  a  vast  interior.  W  li i  1st  Baltimore  is  necessarily  de- 
prived, by  her  location,  from  participating  in  any  of  the  advan- 
tages resulting  from  a  ready  communication  with  the  great  West, 
except  bi/  her  mil  roads— but  by  these  means,  she  will  be  en- 
abled to  command  the  trade  of  the  western  States  in  geneiaL 
She  can  hold  in  servitude  every  port  between  New  York  and 
New  Orleans,  and  even  over  these  she  will  possess  power  to  crip- 
ple their  energies,  by  communicating  with  the  Susquehanna  and 
Ohio  rivers  The  productions  of  the  Washington  and  Ohio  canal, 
will  seek  and  find  their  market  at  Baltimore  by  means  of  the  rail 
road  The  Susquehanna  receiving  the  produce  of  the  southern 
branch  of  the  trie  canal,  will  make  its  deposit  at  its  junction  with 
the  Baltimore  rail  road,  and  thus  a  considerable  portion  of  the 
trade  of  New- York  and  Philadelphia  with  the  interior,  will  be  in- 
tercepted. The  Susquehanna  and  Ohio  rail  roads,  embracing  a 
large  portion  of  the  State  of  Pennsylvania  will  greatly  effect  the 
interest  of  Philadelphia  By  means  of  her  canals,  the  >tate  of 
Ohio  will  make  her  deposits  at  the  junction  of  the  Ohio  and  Bal- 
timore rail  roads  ;  finding  this  a  more  safe  conveyance  than  the 
dangerous  navigation  01  the  Mississippi,  and  terminating  in  a  more 
advantageous  market  than  could  be  found  at  New  Orleans  And 
thus  will  Baltimore,  by  means  of  her  rail  roads  again  become  the 
mart  where  toe  pruJuce  and  supplies  oi  the  western  c<  untry  will 
be  principally  bougnt  and  sold,  as  was  the  case,  until  the  great 


22 

canal  of  New  York,  and  the  numerous  steam  boats  on  the  Missis- 
sippi and  Ohio  rivers,  turned  the  current  of  the  western  trade. 

Such,  then,  are  some  of  the  advantages  resulting  to  Baltimore, 
from  her  rail  roads — and  in  order  that  those  advantages  should  be 
complete,  and  fully  secured  to  her,  it  was  necessary  that  the  rail 
road  should  e\tend  through  the  city,  to  the  navignble  waters  near 
Fell's  Point,  because  the  expense  of  transporting  the  produce  from 
the  Western  Suburbs  to  the  City  Dock,  (a  distance  of  more  than 
two  miles,)  on  carts  or  drays,  would  be  about  equal  to  that  in- 
curred on  the  whole  route,  between  the  banks  of  the  Potomac  and 
the  present  depot ;  and  thus  would  the  object  of  the  great  enter- 
prize — an  enterprize  in  which  every  Baltimorean  feels  a  deep  in- 
terest, be  partially  defeated.  It  ought  to  be  observed,  however, 
that  the  cars  conveying  passengers  stop  at  the  Depot  in  the 
Western  precincts  of  the  City,  and  are  conveyed  from  there  to 
Baltimore  in  omnibuses — and  that  Pratf-street,  through  which  the 
cars  confined  to  the  transportation  of  produce  alone,  are  permitted 
to  run,  is  by  no  means  the  most  public  street  in  the  city,  but  runs 
parallel  with  the  Patapsco,  and  lies  but  a  short  distance  from  its 
margin.  Look  for  a  moment  at  the  magnitude  of  the  two  pro- 
jects— Compare  the  project  of  a  rail  road  extending  from  Balti- 
more to  the  banks  of  the  Ohio — with  a  rail  road  ("  which  will 
transport  precisely  the  same  kind  of  freight  now  transported  by 
lire  omnibuses,")  extending  from  Wall  street  to  23d-street,  or  even 
to  Harlccm  Rivf  rf  and  then  make  out  the  parallel,  if  you  can. 
We  will  not  farther  expose,  at  this  time,  the  utter  absurdity  of  this 
argument  of  the  Company's  lest  we  should  be  charged  with  a 
desire  to  trample  on  the  dead. 

Again — we  are  told,  that  "Philadelphia  has  admitted  the 
double  tracks  of  her  rail  way  into  the  heart  ot  her  city  "  But 
unless  the  authors  of  the  pamphlet  can  make  it  appear,  that  the 
heart  of  Philadelphia  is  situated  on  the  outside,  they  will  find 
some  difficulty  in  making  out  the  above  statement  to  be  a 
"  FACT" — because  Broad-street  runs  parallel  with,  and  hard  by 
the  banks  of  the  Schuylkill,  and  is  as  far  removed  from  the  busi- 
ness part  of  the  city  of  Philadelphia,  as  the  Fourth  Avenue  is 
from  the  business  part  of  the  city  of  New-York  ;  and  the  authors 
of  the  Keport  must  have  been  aware,  that  theie  is  more  travelling 
in  Broadway  or  the  Bowery  in  one  day,  than  there  is  in  Broad - 
street  at  Philadelphia  in  one  month.    Yet  they  would  persuade 


23 


the  public  that  the  cases  are  parallel !    Alas  !  that  patriotism  and 
philanthrophy  should  so  far  lead  men  astray. 

The  authors  of  the  report  state  in  their  diagram,  that  the  cars 
of  the  company  will  not  run  during  snowstorms  &c>  Experience 
seems  to  have  taught  them  that  the  public  could  not  be  deceived 
after  having  "  the  visible  demonstration     and  persuaded  therefore, 
that  the  citizens  were  aware  that  if  even  thirteen  feet  should  be 
occupied  by  rail  cars  during  the  time  of  snow,  that  vehicles  of  * 
every  description,  would  necessarily  be  excluded  from  the  streets. 
The  snow  from  the  side  walks  and  gutters  frequently  occupies  for 
weeks  more  than  one  third  of  the  streets  ;  and  if,  in  addition  to 
that,  the  snow  from  the  rail  road  should  also  be  thrown  to  the 
sides  of  the  streets   the  obstruction  would  be  complete,  and  the 
passage  of  carriages  of  every  description  rendered  impossible. 
With  this  objection  before  their  eyes,  they  tell  us  thatvthe  cars 
will  not  run  during  the  time  of  snow.    But  in  their  anxiety  to 
escape  this  difficulty,  they  have  stumbled  upon  another.    It  will 
be  recollected  that  it  has  been  taken  for  granted  by  the  company 
that  if  permitted  to  construct  their  rail  road  through  the  city,  they 
would  drive  the  omnibus  coaches  from  the  streets. 

We  ask  then,  how  30,00!  people,  residing  in  the  upper  part  of 
this  city,  are  to  be  accommodated  during  that  part  of  the  season 
in  which  our  streets  are  covered  with  snow,  and  when  the  citizens 
most  require  to  be  conveyed  to  and  from  their  respective  homes 
and  places  of  business  ? 

We  have  now  examined  all  the  statements  and  arguments  con- 
tained in  the  Company's  Report— not  one,  we  believe,  has  escaped 
our  notice.  How  far  we  have  succeeded  in  refuting  them,  we  will 
leave  to  the  decision  of  a  candid  and  discriminating  public. 

ELY  MOORE, 

Chairman, 


